However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

On August 3, 2011, the Defendant entered into an import vehicle operation lease agreement with the victim Hyundai Capital Co., Ltd. on the first vehicle for the victim Hyundai Capital Co., Ltd. and operated the said vehicle by transferring the said vehicle from September 2013 to October of the same year, and thus, the above operation lease agreement was terminated and the said vehicle was accordingly obligated to return the said vehicle to the victim as originally agreed, and even if the Defendant received a request for return from the victim from October of the same year to December of the same year, the Defendant rejected the return without justifiable grounds and embezzled the said vehicle in excess of KRW 23,280,000 at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A motor vehicle facility lease agreement and an agreement;

1. Terms and conditions of automobile facility leasing;

1. Automobile register;

1. Application of a notice of termination of a lease agreement to statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (Considering the circumstances that may be considered in light of the circumstances such as the return of the instant vehicle to the victim, and the victim does not want the punishment against the defendant) [the scope of the recommendation] type 1 (100 million won or less) (10 million won) where the degree of special mitigation area (1 to 10 million won) is minor, in the case where the degree of violation is minor, penalty is not imposed or significant damage is recovered [the decision of sentence] where the defendant was committed in the instant case], the circumstances leading to the instant crime, the circumstances leading up to the Defendant’s mistake, the fact that the Defendant divided the instant vehicle into himself and returned the instant vehicle to the victim, and the victim does not want the punishment against the defendant, the sentence shall be set by determining the term of